State ex rel. New Madrid County v. Gordon
Supreme Court of Missouri
Mandamus. (1) It was not necessary that the notice of the election should “ specify the rate of the increase of the tax levy.” (2) It is not required that the record and order of the county court show that the county court of New Madrid county found it was necessary for the county of New Madrid to incur an indebtedness for the purpose of building a courthouse. Gaston v. Lamkin, 115' Mo. 31. (1) The record does not show jurisdictional facts.
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Mandamus. (1) It was not necessary that the notice of the election should “ specify the rate of the increase of the tax levy.” (2) It is not required that the record and order of the county court show that the county court of New Madrid county found it was necessary for the county of New Madrid to incur an indebtedness for the purpose of building a courthouse. Gaston v. Lamkin, 115' Mo. 31. (1) The record does not show jurisdictional facts. This provision of section 8, as clearly as the English language can express it, requires that bond-issue elections be limited to those eases in which the…
1Opinion of the CourtGreaves, J.
— Original action in mandamus. Issuance of alternative writ waived and; the petition taken as and for such writ. To this petition the respondent demurred, thus leaving to us a case of admitted facts, to which should be applied applicable law.
At a special election the county of New Madrid voted $40,000 for the building of a new courthouse and authorized the issuance of bonds in such sum. The bonds were presented to the respondent as State Auditor for registration, and he refused to register the same, and hence this action. His reasons for declining to register the bonds are presumably those…
2Cases cited1 opinion
- Benton v. ScottSupreme Court of Missouri · 1902
3Cited by2 opinions
- Johnson v. UnderwoodSupreme Court of Missouri · 1930
- Johnson v. UnderwoodSupreme Court of Missouri · 1930